Will of John Beake Seath

of Tonge, Kent

I desire to be buried at as little expense as may be consistent with decency I desire that no useless parade or expence be incurred on the occasion
First I give and bequeath unto my Wife all my furniture linen China Household goods wines and liquors for her absolute use
And I give and bequeath to my said Wife the sum of forty pounds to be pad her as soon after my death as may be convenient

And I give and bequeath to each and every of my Children being Sons who shall attain their age of twenty one years or being daughters who shall attain that age or be previously married with the consent of my trustees hereinafter named the sum of one thousand pounds each such legacy respectively to be paid to my said Children as soon as may be after such of them being Sons shall attain the age of twenty one years or being daughters shall attain that age or be previously married with such consent as aforesaid with legal intent in the meantime from such respective periods until the time of actual payment thereof

And I do hereby give and bequeath unto my Mother during the time of her natural life the sum of fifty pounds per annum which I declare is to be accepted by her in full discharge of all claims and demands which she has or may have on me or my late Father’s Estate or otherwise And I direct that the same be paid to her own hands (and) that her receipt whether covert or sole shall alone be a discharge to my said Executors and Trustees

And I do hereby give devise and bequeath unto George Lake of the Parish of Higham in the County of Kent Gentleman and Thomas Denne of the Parish of Tonge in the County of Kent Miller and my said Wife their heirs executors admors. or assigns All and singular my freehold copyhold and leasehold manors messuages farms lands tenements and hereditaments whatsoever and wheresoever with all and singular the appurtenances to the same belonging to hold the same premisses unto and to the use of the said George Lake Thomas Denne and my said Wife their heirs executors admors. and assigns according to the respective natures and qualities thereof Upon the trusts and to and for the ends intents and purposes hereinafter mentioned and expressed concerning the same

And I give and bequeath to the said George Lake Thomas Denne and my said Wife All and singular my money and securities for money stock book and other debts and all other my goods chattels and personal estate of what nature or kind soever (except such part thereof as I have before bequeathed unto my said Wife) to hold the same unto and to the use of the said George Lake Thomas Denne and my said Wife their Executors Admors. and Assigns upon the trusts and for the intents and purposes hereinafter declared concerning the same (that is to say)
Upon Trust to sell and dispose of all my freehold copyhold and leasehold hereditaments and premises devised and bequeathed to my said Trustees as aforesaid and collect and get in all my debts and convert into money all such part of my personal estate as shall not at the time of my decease consist of monies at such times as to my said Trustees or Trustee for the time being shall right

And I hereby empower the said George Lake Thomas Denne and my said Wife their Executors Admors. and Assigns to sell ad dispose of my said freehold copyhold and leasehold messuages lands tenements hereditaments and real estate at such time or times and either entire or in parcels by public sale or private contract unto any person or persons (including my Children or any or either of them who shall be willing to become the purchaser or purchasers thereof or any part thereof) for the most money that can be reasonably had or gotten for the same and so make and execute all such Goods conveyances and assurances as shall be requisite or necessary to effectuate such sale or sales

And I do hereby declare that the receipt or receipts of the Trustees or Trustee for the time being of the said trust or premises shall be a good and effectual discharge to the purchaser or purchasers of all or any part of my said estates for his her or their purchase money or for so much thereof as in such receipt or receipts shall be expressed or acknowledged to be received And that such purchaser or purchasers his her or their Executors Administrators or Assigns shall not after having obtained such receipt or receipts be bound to see to the application of the money in such receipt or receipts to be expressed to be received or be accountable for the loss misapplication or nonapplication thereof or of any part thereof

And I do hereby direct that my said Trustees and other the Executors or Trustee for the time being of the said trust premises shall and do by and with and out of any of the monies to arise by the sale of my real estate and the rents and profits thereof until such sale and also out of the monies to arise by the sale and conversion of and to be produced from my personal estate or either of them pay and satisfy all my debts funeral and testamentary expences & also such legacies I have hereby or as & may by any Codicil to this my Will give or bequeath And also shall and do lay out and invest the surplus of the monies to arise by the sale and conversion of and to be received and produced from my personal estate and when the same shall be received in the name of them my said Trustees or other the Trustees or Trustee for the time being in the public stocks Funds or Government Securities of Great Britain or in or upon real securities in England at interest from time to time at their and his discretion and from time to time to alter vary and transpose the same stocks Funds or securities in or for such other stocks Funds or securities of the same like nature as often as occasion shall require

And I do hereby declare that my Trustees or Trustee for the time being shall and do stand possessed of and interested in the residue of the monies to arise by the sale of my said estates and the intermediate rents and profits thereof and by the sale and conversion of and to be received and produced from my personal estate And also of the stocks Funds or securities in or upon which the same monies shall respectively from time to time be invested and the interest dividends and annual produce thereof Upon trust that they the said Trustees or Trustee for the time being so and shall from and after my decease by and out of the rents and profits of my said estates until the same shall be sold as aforesaid and the interest dividends and annual produce of the money to arise from the said sale and to be produced from the residue of my personal estate pay to my said Wife the annual sum of fifty pounds until such time as my youngest Child for the time being shall have attained the age of twenty one years or being a daughter shall previously married with the consent as aforesaid

And from and after my said youngest Child (for the time being) shall have attained the said age of twenty one years or being a daughter shall be previously married with such consent as aforesaid, then Upon trust to pay to my said Wife during the term of her natural life an annuity or yearly sum of eighty pounds which together with the said annuity given to my Mother is to be paid and payable by quarterly payments in the twenty fourth day of June; the twenty ninth day of September; the twenty fifth day of December and the twenty fifth day of March, the first payment to be made on such of the days next happening after my death or the coming of age or marriage of my youngest Child for the time being as aforesaid as the case may be

And I declare that the same annuities respectively shall be paid into the proper hands of my said Wife whose receipt alone whether covert or sole shall be a discharge to my said Trustees or Trustee for the time being and to the intent that the same annuity shall not be sold assigned or otherwise parted with by my said Wife but under all circumstances remain as a provision for her

And Upon this further Trust that they my said Trustee and Trustees for the time being do by and out of the said rents interest and annual produce of the said trust estates monies stocks Funds and securities pay & apply in such manner as to my said Trustees or Trustee for the time being shall seem reasonable such annual sum or sums of money as shall or may be necessary or my said Trustees or Trustee for the time being shall think proper for and towards the maintenance education and support of all and every my Child and Children during their respective minorities in case they remain unmarried by not otherwise

And upon trust that they my said Trustees and Trustee for the time being shall and do lay out and invest the surplus or residue of my said personal estate and the interest and dividends thereof and of the money produced from the sale of my said real and leasehold estates as aforesaid in the name or names of my said Trustee or Trustees in some other public Stocks or Parliamentary Funds of Great Britain or upon real securities in England to be from time to time altered and varied as they or he shall think proper and the dividends interest and annual produce thereof to be again laid out and invested as to form an accumulating fund until my said youngest Child for the time being shall attain the age of twenty one years or being a daughter shall be previously married with such consent as aforesaid

And upon this further trust that when and as my youngest Child for the time being born or for (to) be (a) Son shall attain the age of twenty one years or being a daughter shall be previously married with such consent as aforesaid Upon trust that they my said Trustees or Trustee for the time being do and shall pay apply assign transfer and devise all the said trust monies and the accumulations and increase thereof between and among all and every the Child and Children of my body now born or hereafter to be born who shall be then living and the lawful issue of such of them as shall be then deceased (such issue nevertheless taking his her or their parents share only) equally to be divided between them if more than one share and share alike having regard in making such divisions to such sum or sums of money if any which may have been advanced to or for the benefit of any of my said Children on account of his her or their presumptive share and shares of and in the said trust funds and premises pursuant to the provisions hereinafter for that purpose contained

Provided always and my will is that it shall and may be lawful to and for my said Trustee and Trustees for the time being at any time or times after my decease to advance out of the said trust money or any part thereof any sum or sums of money in part of the expectant share or shares to which any one or more of my Child or Children shall be then presumptively entitled as my said Trustees shall think proper and to pay and apply the same to and for the benefit & advancement in the world of such Child or Children accordingly in such manner as my said Trustees or Trustee for the time being shall think proper

Provided also and I hereby declare that notwithstanding any thing hereinbefore contained it shall and may be lawful to and for my said Trustees and Trustee for the time being in case they shall think it prudent and advisable to carry on the business in which I may be engaged at my death for the benefit of my estate for such time and in such manner as they may think fit relying on their judgement and honesty to do the best for my property & family

Provided always and I do hereby declare that in case the Trustees hereby named and appointed or either of them or any succeeding Trustee or Trustees to be nominated as hereinafter mentioned shall happen to die or be desirous to be discharged from or refuse decline or become incapable to act in the aforesaid trusts before the same shall be fully satisfied or performed then and as often as the same shall happen it shall and may be lawful to and for the surviving or continuing or other Trustees or Trustee if the said trust estate and premises for the time being by any note or writing under their or his hands or hand to nominate and appoint any other person or persons to be a Trustee or Trustees in the stead or place of the Trustees or Trustee who shall die or be desirous to be discharged or refuse decline or become incapable to act as aforesaid and that when and so often as any such new Trustee or Trustees shall be nominated as aforesaid all and every the trust estate and premises hereby devised and bequeathed respectively

Upon the trusts aforesaid or to be produced under any of the said trusts aforesaid shall with all convenient speed be conveyed assigned and transferred respectively so and in such manner that the same shall and may be vested in the surviving or continuing Trustee or Trustees and any such new or other Trustee or Trustees or if there shall be no continuing Trustee then in such new Trustee only upon the trusts and with the same provisoes and authorities as are hereinbefore declared contained and concerning the same estate monies and premises or such of the same trusts powers and authorities as shall or may be then subsisting or capable of taking effect

And I direct that my said Trustees respectively shall not be answerable of accountable for the acts receipts neglects or defaults of each other but each of them for his own acts receipts neglects and defaults only nor shall they or any of them be answerable or accountable for any loss which may happen to the said trust monies except the same shall happen by or through their own wilful neglect or defaults respectively and also that each of them shall and may by with and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid reimburse himself & allow to his Co trustee or Co trustees all costs and expences as he they or any of them shall or may respectively incur sustain or be put unto in or about the execution of this my Will

And I hereby nominate and appoint the said George Lake Thomas Denne and my said Wife to be joint Executors and Executrix of this my Will and Guardians of my Children during their respective minorities And I do hereby revoke and make void all former Wills by me at any time heretofore made and declare this only to be and contain my last Will and Testament

In Witness whereof I the said Testator have to this my last Will and Testament contained in seven sheets of paper set my hand and seal (that is to say) to the first six sheets thereof my hand and to this seventh and last sheet my hand and seal this twenty second day of July in the year of our ord one thousand eight hundred and twenty three
John B. Seath

Signed sealed published and declared by the said John Beake Seath the Testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as Witnesses hereto (The words “or being a daughter previously married with such consent as aforesaid “ having been first interlined between the second and third and also between the fourth and fifth lines from the top of the fourth sheet and also between the fifth sixth and seventh and eighth lines from the top of the fifth sheet)
John Lake, 10 Lincolns Inn, Chas. Hirst - Wm. Cantwell - Clerks to Messrs. Smith Lake & Wilkinson 10 Lincolns Inn

Proved at London the 2nd June 1825 before the Judge by the Oaths of George Lake Thomas Denne & Mary Seath Widow the Relict the Executors to whom Admon. was granted having been first sworn by Commission duly to administer.

Transcribed by Shelagh Mason 11th May 2020.

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